Incorporated Law Society-Annual Report of the Council. INCORPORATED LAW SOCIETY. ANNUA REPORT OF THE COUNCIL. 285 3. The Bankruptcy Commissioners, for inquiring into the Law of Bankruptcy, have long been engaged in examining witnesses on the proposed further alteration in that branch of the Law, regarding which they have just preSINCE the last General Meeting of the So-sented an elaborate report, including a stateciety the attention of the Council has been ment of the Council in reply to the questions directed to various proposed legislative alteraof the Commissioners. tions, particularly in the Courts of Common Law, the Ecclesiastical Court, the Law of Property, and the principles of Equity in regard to Trustees and Executors. They have also had under their consideration the Rules of Taxation in Chancery: the Annual Certificate Duty; the Administration of Oaths by London Solicitors; the Fees of the Courts and Offices; Professional Usages in Conveyancing Matters; the Education and Examination of Articled Clerks; the proposed New Law Courts; numerous Complaints of Malpractice and Encroachments on the Profession; and, lastly, the General Affairs of the Society, its Library and Lectures, the Increase in the Number of Members, and the State of its Finances. I. LAW BILLS IN PARLIAMENT AND MISSIONS OF INQUIRY. 4. The New Commissioners for considering the subject of the "Registration of Titles with reference to the sale and transfer of Land." on this Commission are two solicitors, one of them a member of the Council, and the other a member of the Society. It is not expected that this inquiry can be concluded during the present Session, and consequently no alteration in this part of the Law can be made till the next Session. 5. The Ecclesiastical Courts inquiry was united with that of the Court of Chancery; and the joint Commissioners, after taking evidence on the subject, reported in favour of a Probate Court. This has been followed by a Bill materially varying from the recommendations of the Commissioners, and on which COM-Some observations will be presently made. 6. The County Court Commissioners have The Council have devoted much time and been long, and still continue, engaged in attention to the Bills in Parliament for the taking evidence on the inquiry into "the amendment of various parts of the Law and state and practice of the County Courts." At the Practice of the Courts. They have also the request of the Commissioners, several attended carefully to the proceedings of the se- members of the Society have been examined veral Government Commissions and Parlia- before them, and the Council have transmitted mentary Committees on the state of the Law. a statement and suggestions to the CommisNo less than seven special Commissions are sioners, pointing out some of the means by now, or recently were, in operation; and it which they think these Local Courts might be may be proper, before remarking on the Bills made more useful and satisfactory as Small which have been brought before the Legisla- Debt Courts, and suggesting a concurrent ture, to notice the scope of these Commissions jurisdiction in the Superior Courts for debts of Inquiry. The Council have found it neces-not less than 57. sary, in considering the measures before Parliament, to study the various reports of the Commissioners and Parliamentary Committees, with the evidence taken before them relating to the objects for which they were appointed. The Council have on many occasions been invited by the Commissioners to communicate their views and suggestions, and to send members of their body to give evidence before the Commissioners. They have thus had an opportunity of promoting some important improvements in the administration of justice, of increasing the facilities for transacting professional business, and bringing under consideration the just claims and interests of the practitioners. The Commissions of Inquiry still pending are as follow: 1. The Chancery Commissioners, now engaged in an inquiry into the mode of taking evidence, and particularly as to the expense and delay in examining witnesses viva voce, on which several members of the Council have been examined before the Commissioners. 2. The Common Law Commissioners, whose Second Report has been followed by a Bill for carrying their recommendations into effect, the scope of which will be hereafter stated. 7. The Mercantile Law Commission, from which the Council have just received an elaborate statement of the differences between the Laws of England and Ireland and those of Scotland, accompanied by a series of questions for consideration. These Commissions comprehend as well the principles of Law as the course of procedure in all the Superior Courts in which, as the members of this Society are practitioners, the Council have felt it to be their duty vigilantly to watch the alterations proposed. The Council now proceed to notice the Bills which have been submitted to the Legislature in the present Session. 1st. Common Law Bills.-There are several Bills in this department of jurisprudence, the most important of which is the second Common Law Procedure Bill. One of the principal changes proposed is the examination of the parties before trial. Under the Evidence Act, 14 & 15 Vict. c. 99, the parties are enabled to give evidence at the trial for themselves, or may be called by the opposite party, but this takes place after all the other expenses of preparing for trial have been incurred. It is now proposed that the plaintiff may, with his declaration, deliver interrogatories which the de 286 Incorporated Law Society-Annual Report of the Council. fendant must answer, and the defendant, on English Courts in Ireland and Scotland; and pleading, may deliver interrogatories for the the other to compel the attendance of witnesses examination of the plaintiff. Thus in the from those parts of the empire, and extend the earliest stage of an action, facts may be as- like powers to the Courts of Scotland over certained, or admissions made, which in nu- England and Ireland, and to the Irish Courts merous instances may put an end to litigation. over England and Scotland. The Council see Another alteration consists in empowering the no objection to these measures. The power Court, or a Judge, to direct an arbitration be- will still be continued of issuing commissions fore trial. At present, when either party re- to examine witnesses, where the evidence can sists a reference, all the expense and delay are be satisfactorily obtained at less expense than incurred in preparing for the trial, and then by enforcing the personal attendance of the the Judge, especially in cases of complicated witness.2 accounts, in effect compels a reference. It is also proposed that the parties shall be at liberty to discredit their own witnesses, and give evidence of contradictory statements made by an adverse witness, that disputed handwriting may be proved by comparison with undisputed documents, and where instruments are objected to on account of insufficient stamps, the trial may proceed upon payment into Court of the proper amount of duty and a penalty. The rule requiring the attesting witness to a deed to be called is also to be altered, except in certain cases, and ample provision is made for the discovery of documents, and for inspection of the property in question by the parties and their witnesses. Another amendment (applying to the proceedings in an action, either before or after trial) is that of obtaining evidence in support of a motion or summons. Where persons refuse to make affidavits, the Court or Judge will be authorised to compel their attendance to be orally examined. This power will extend, not only to questions before the Court or a Judge at Chambers, but to references to the Master. It is further proposed to authorise the Judge to adjourn a trial on certain terms and conditions. A second speech of counsel at the close of the evidence for each of the parties is also to be allowed, the right of reply remaining as at present. The jury are to be discharged at the expiration of twelve hours, unless they desire further time, but the verdict of eleven will be sufficient.1 Where a rule for a new trial is refused, the party may appeal to the Court of Error, and the notice of appeal is to be a stay of execution, provided bail be given, and error may be brought on a judgment given on a special case. The Bill also comprises an authority to the Superior Courts of Common Law to issue injunctions, like Courts of Equity, to restrain the repetition or continuance of a wrongful act or breach of contract. It is also to be provided that a judgment debtor may be examined as to the debts due to him, and a Judge may order an attachment on such debts, and proceedings may be taken to sue the garnishee, or levy the amount due to the judgment debtor. There are two other Bills applicable to the Common Law: the one to authorise the service of the Process, and enforce the Judgments of the 'The Bill has since been altered, so that the unanimity of the jury will still be required. Another Bill of some importance is that for assimilating, to a certain extent, the Law of England to that of Scotland, by dispensing, in the first instance, with actions on Bills of Exchange, and substituting a notarial protest, which is to be registered, and, after a certain time, operate as a judgment. For this purpose it is proposed that the holder of a dishonoured bill or promissory note may register the protest in the Court of Common Pleas, and obtain an order for the payment of the amount against any of the parties to the bill or note. The order is to be endorsed with the name and abode of an attorney, or a memorandum that the order has been served by the plaintiff in person. The attorney, on demand, is to declare whether the order has been issued by his authority, and to declare the name and abode of his client; and if the order be issued without the authority of an attorney, the proceedings are to be stayed. The order may be served in any county, and the party served with the order may apply to the Court to stay execution. Where proper grounds are disclosed, the Court may direct an issue in law or in fact to be tried; but the party seeking to stay execution must furnish security for the debt and costs, unless the Judge shall be satisfied, from the nature of the defence, that such security is unnecessary. Considering that in undefended actions judgment may be speedily obtained at a moderate expense, the Council do not see any material advantage to be gained by this alteration of the law. A Bill has also been introduced for amending the Law of Arbitration, under which the Judges are authorised to compel a reference in complicated matters. A provision to this effect being comprised (as already mentioned) in the Common Law Procedure Bill, it will probably be found more convenient to effect the object in that measure, than by a separate Act. 2nd. The Law of Property and Conveyanc ing.-The proposition of registering all deeds and instruments relating to land, which has so often been under the consideration of Parliament, has at length been superseded by a plan for registering titles in the name of the owner of the legal estate alone, leaving cestui que trusts, or others interested in the property, to protect themselves by caveat or inhibition, but without entering deeds of trust or incum 2 The Attendance of Witnesses' Bill has received the Royal Assent. Selections from Correspondence.—Attorneys to be Admitted. 287 brances on the register. The Real Property Purposes. A Bill has also been introduced Commissioners will of course consider this pro- with regard to the Personal Property of Mar posed substitute, and weigh well its probable ried Women, which stands on a different footeffect on our abstruse and complicated system ing to that of Real Estates. It is proposed of Real Property Law. No act of the Legisla- that married women may dispose of reversionture can be expected in the present Session, ary interests in personal estate and realise their nor until the Commissioners have made their rights to a settlement out of such estate in posreport. The long series of projects submitted session. The deeds for this purpose are to be to Parliament, not so much for the purpose of acknowledged in the manner required by the preventing any actual loss arising from the Fines and Recoveries' Act for disposing of inabsence of a registry,-(the instances of the terests in land. fraudulent suppression of deeds being exceed[To be continued.] ingly rare,)—but in the hope that a general register would ultimately simplify titles, and diminish the expense of their investigation, and the transfer of the property. SELECTIONS FROM CORRE- REMUNERATION TO SOLICITORS. As evidence of the very unsatisfactory way Connected with this object of cheapening the Conveyance of Real Property, a Bill has been again introduced for amending the Law of Real Property, by authorising and directing the in which solicitors are remunerated, I may retaxing officer, in taxing any Bill of Costs for preparing any deed, will, or other instrument, to consider, not the length, but only the skill and labour employed, and the responsibility incurred in the preparation thereof. mark that I have lately been engaged in preparing a very special instrument, which occupied me three times as much as would have been consumed in preparing a lease or common conveyance of 30 folios. Let a per-centage R. principle be adopted. Considerable doubts are entertained by the Council as to the practical operation of this COPYHOLDS.-MANOR OF KENNINGTON. measure, without some general rules for the guidance of the taxing officer, and they think THERE are several inaccuracies in my the change, if effected, should be accompanied letter in your Number of 29th July. by some other important alterations, and that In the paragraph commencing,-"Suppose the proposed amendment should be effected by the copyholder," &c.,-instead of "confiscageneral orders, to be made from time to time tion of two-thirds," read "three-fourths;" by the Court of Chancery, and this course they also, in the last line but two, substitute "threehave accordingly suggested to the Lord Chan-fourths" for "two-thirds." cellor. It is well known that many frauds are committed against creditors by the secret execution of Bills of Sale of personal property, and to remedy the evil a Bill has been brought in, to render such transactions void, unless the instrument be registered in the same manner as warrants of attorney, within a limited time.3 Some other Bills relating to the Law of Property have also been under consideration, namely, the Laws of Mortmain, and the disposal of Property for Charitable or Religious This Bill has received the Royal Assent. In the next paragraph for "extracted twothirds," read "three-fourths ;" and for "only one-third left," read "only one-fourth" left. After "that is to say," substitute "801" for "1007."; and three lines lower down, instead of " nearly," add "more than " half his mortgage-money. The alterations arose from my formerly estimating the copyhold at 26 years' purchase on the original rental, which, on consideration, I do not think worth more than 24 years, if so much. I readily concede the full benefit of the thorough confiscation to our excellent friend "Fair Play." 8th August, 1854. Osborne, Alfred, 4, Manchester-ter., Liverpool-, road; Goswell-road; and Ashborne To whom Articled, Assigned, &c. R. L. C. Hanslip, Hatton-garden; J. Stuart, Gray's-inn; G. G. Mounsey, Carlisle E. Newman, Yeovil; W. E. Oliver, New Bridge street T. P. Cunliffe, Manchester J. Brittlebank, Ashborne; G. G. Brittlebank, Ashborne Parker, Thomas, 37, Baker-street, Portman-sq.; T. Burgoyne, Oxford-street; T. Parker, Lincoln's and Abbey-road Sanders, Francis, 21, Lower Calthorpe-st.; and Sansom, Samuel, 31, Richmond-road, Barnsbury- To whom Articled, Assigned, &c. J. Parrott, Stony Stratford F. J. Jessopp, Derby H. B. Wedlake, King's-bench-walk F. A. Trenchard, Taunton E. L. Pemberton, Whitehall-place W. R. Mogg, Temple Cloud R. Price, Stourbridge J. P. Lawrence, Cambridge; F. Barlow, Cambridge C. Ingolby, jun., Louth C. N. Cole, Adelphi-terrace H. Corser, Stourbridge T. A. Curtis, Guildford Seath, John, jun., 14, Queen's-square, Bloomsbury R. Prall, Rochester wich; Wharton-street; and Bolton-le-Moors. W. George, Bradford Thompson, James, jun., Essex-place, George-road, Dalston; and Hunslet, near Leeds. Tibbits, John Markham, 6, Foley-terrace, Pentonville; and Northampton Tocque, Geo. Richard Fletcher, 41, Downham road, Islington; and Gracechurch-street Tuke, Henry George, 27, Upper Southwick-street, |